child born in UK

[9bravi]

Hi All
I am in a very strange situation:
I am on WP since 2006 Jan and will be eligible for ILR (PR) in dec 2010. we are blessed with baby boy in Nov 2009 and did not get his WP stamped on his new indian passport because we don't have plans to visit India.
My query is:
1. Can I apply for ILR for my son along with my application on his blank indian passport (no WP on it) I have birth certificate issued from UK.
2. I changed my employer in 2007 and my WP was transferred to new employer. so my 5yr clock will start from the day i entered (2006) or will it start from 2007
3. should we consider holidays (like visiting family for 3 weeks etc) as gap?
4. gap is working days or including weekends

Thanks & Regards
Ravi bandaru

[geriatrix]

1. Can I apply for ILR for my son along with my application on his blank indian passport (no WP on it) I have birth certificate issued from UK.

Reading this will help.

2. I changed my employer in 2007 and my WP was transferred to new employer. so my 5yr clock will start from the day i entered (2006) or will it start from 2007

Unless there's been a break in residency, your ILR count started in 2006.

regards

[9bravi]

thanks for your reply..
about my child ILR issue... by the time i will apply he will be 13 months.. so is there any rule that says we can include child in ILR with in 12 months only?

Thanks & Regards
Ravi Bandaru

[John]

o is there any rule that says we can include child in ILR with in 12 months only?

No! Just include your child in the ILR applications when they are made.

[vinny]

Also, note that

immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

[[iD]]

Also, note that

immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

quick question! My child was born here and got given tier 1 dependant. Is it possible skip his ILR and directly apply for citizenship when me and my wife apply for our ILR?

[John]

Is it possible skip his ILR and directly apply for citizenship when me and my wife apply for our ILR?

Let's get the wording spot on! Had you posted "Is it possible to skip his ILR and directly apply for citizenship after me and my wife get our ILRs?", as per Vinny's links, yes!

[[iD]]

Is it possible skip his ILR and directly apply for citizenship when me and my wife apply for our ILR?

Let's get the wording spot on! Had you posted "Is it possible to skip his ILR and directly apply for citizenship after me and my wife get our ILRs?", as per Vinny's links, yes!

Let's not get the wordings spot on for a minute. The reason why I asked, I'd apply for my ILR less than 1 months before my T1 expires and I'm pretty sure my son's visa (which has same validity as mine) would expire in the meantime leaving him illegal in the country...

So again, is it possible to apply for his citizenship with my ILR application or if there is any way around it?

[John]

Up to you, but his status is irrelevant to the success of a section 1(3) application.

[malayanayak]

Dear All

can you please advise me the following:

I will be applying for ILR on 5 yrs HSMP basis in Dec 2011 along with wife who has been a dependant since Jan 2007. Son born in UK in Jan 2008, his dependant visa also expires in Jan 2012. Can I exclude him whilst my case is being processed for ILR and then apply for MN1? and what would be his immigration status during that time. Or should I include him as well for ILR and take it from there?

Thanks.

Kind regards

Up to you, but his status is irrelevant to the success of a section 1(3) application.

[John]

malayanayak, let's consider the possibilities, even the theoretical possibilities. If your ILR application is rejected for some reason, then even if you include your child in the ILR, well his application will get rejected as well.

But if, as we all hope, your ILR is granted, then as soon as it is granted an application for Registration as British for your born-in-the-UK child can be made under section 1(3) .... and you might well submit that section 1(3) application prior to the child's visa expiring.

So the issue is, as far as I can see if, what benefit would it be to make an ILR for your child? As far as I can see it is possible simply to save the cost of adding your child to the ILR application.

[malayanayak]

Thanks John
I am under HSMP JR as i got my HSMP approve letter in july 2006 and I am going to eligible to apply ILR in end of Dec 2011. I am thinking to apply ILR through PEO, hope I will get ILR in Dec 2011.

For example, if I apply ILR on 25th Dec 2011 through PEO and HO granted my ILR and I would like to know which date should be my ILR i.e 25th Dec 2011 or 18th Jan 2012.
Would you please advise me thanks again.
Kind regards
Malaya

malayanayak, let's consider the possibilities, even the theoretical possibilities. If your ILR application is rejected for some reason, then even if you include your child in the ILR, well his application will get rejected as well.

But if, as we all hope, your ILR is granted, then as soon as it is granted an application for Registration as British for your born-in-the-UK child can be made under section 1(3) .... and you might well submit that section 1(3) application prior to the child's visa expiring.

So the issue is, as far as I can see if, what benefit would it be to make an ILR for your child? As far as I can see it is possible simply to save the cost of adding your child to the ILR application.

[John]

The ILR is granted factually, that is, they do not post-date it.

[malayanayak]

Sorry John
I just want to clear the following:
For example if my ILR application granted on 25th Dec 2011 which is within 28days to 5 years and my son visa is also going to expire in 18th jan 2012. Which date should I mention on mn1 form that I got granted ILR. As per your advise i am not going to include my son in my ilr application.

The ILR is granted factually, that is, they do not post-date it.

[mk357]

Sorry John
I just want to clear the following:
For example if my ILR application granted on 25th Dec 2011 which is within 28days to 5 years and my son visa is also going to expire in 18th jan 2012. Which date should I mention on mn1 form that I got granted ILR. As per your advise i am not going to include my son in my ilr application.

The ILR is granted factually, that is, they do not post-date it.

The date when you actually get the ILR as mentioned by John i.e 25th De 2011.

[John]

Which date should I mention on mn1 form that I got granted ILR

The date printed on it!

Of course it will not be granted on 25th December, will it!

[vinny]

malayanayak, let's consider the possibilities, even the theoretical possibilities. If your ILR application is rejected for some reason, then even if you include your child in the ILR, well his application will get rejected as well.

A possible problem is child's right of appeal when child's leave expires, if you are refused and was given right of appeal. Child is an overstayer. However, I don't think the UKBA will do anything against the child while the parent(s) are appealing.

Note that if child had never applied for leave, then child is not required to make an application for leave to remain. There would be no leave to expire!

Moreover, if a parent is eventually granted ILR, then child's status would not matter for the MN1 (section 1(3)) application, unless subject to the Good Character requirements.

[[iD]]

malayanayak, let's consider the possibilities, even the theoretical possibilities. If your ILR application is rejected for some reason, then even if you include your child in the ILR, well his application will get rejected as well.

A possible problem is child's right of appeal when child's leave expires, if you are refused and was given right of appeal. However, I don't think the UKBA will do anything against the child while the parent(s) are appealing.

Note that if child had never applied for leave, then child is not required to make an application for leave to remain. There would be no leave to expire!

Moreover, if a parent is eventually granted ILR, then child's status would not matter for the MN1 (section 1(3)) application.

Hmm that child's right to appeal is a bit tricky...

[pjunk]

Anyone else who has had similar issues? Did they consider aplying for child's ILR with their own?

I am considering skipping to put her with our ILR and then apply for her registration (using MN1) when we get ILR ...but worried about her overstaying status...What legal issues are involved here?

Thanks

[John]

pjunk, your child was born in the UK? If so, after you and/or your spouse get ILR, an application to Register the child as a British Citizen can be made, under section 1(3). That is an entitlement application .... no UKBA discretion involved!

[pjunk]

Thanks John,

Yes, she was born in UK whilst we were on HSMP extension (Tier1). I can see that I dont have to have her on my ILR when I apply (next week) but I am also worried that her leave expires end of October.

The process of getting the registration for Br citizenship looks like around 2.5 months and I am worried that she will be visa less during much of her stay next few months. I know this wouldn’t matter for her entitlement to citizenship, but wanted to know whether this is legally immigration wise valid thing to do?
If yes, I would not put her down to apply for ILR with me. That saves us another half a grand.

Many thanks

[ayesha11]

Yes 9bravi ,pjunk , i am also in the same category .I will go for ILR in nov2011.Yes its true no need to apply for your child in ILR application, as my husband's friend apply for his n wife ilr which they got now ,now they r applying for their child registeration

[dba_kkk]

Hi All,

I have read many post in this forum and did some research on immigration directorate instructions
http://www.ukba.homeoffice.gov.uk/polic ... ance/IDIs/

see section 4a under chapter 8

It’s totally up to the parents which route they want to follow to achieve BC for their child

If you don’t have any plans for travelling for next 6 months you can skip your child from the ILR application and register directly using form MN1

I am in the same situation as you both are

But I have a kind for guessed the time for this route

ILR by post ( for only parents excluding your Uk born child) = 3 months
MN1 on and average it is taking = 2 months
BC passport = 2 weeks
Indian visa = 3 weeks

So i suggest this route if you do not have any plans to travel for next 6 moths

Cheers
Dba_kkk

[pjunk]

Ok, I got my answer…
Spoke to immigration and Nationality both. They tossed me back and forth between the two help lines…Finally got my answer from immigration.

The lady said since my daughter is born here, she has the right to be in this country. Between expiry of her visa and registration for citizenship, she would not be living in the country unlawfully (since she was born here) although she would still have immigration restrictions on her.

[pjunk]

Thanks dba_kkk

When I asked Nationality how long would it take for the MN1 to be processed, he said 6 months. But, I have a feeling he was trying to scare me and he also added (after I gasped out of surprised) this is the time frame we are asked to give to everybody when they call with an inquiry.

Hi All,

I have read many post in this forum and did some research on immigration directorate instructions
http://www.ukba.homeoffice.gov.uk/polic ... ance/IDIs/

see section 4a under chapter 8

It’s totally up to the parents which route they want to follow to achieve BC for their child

If you don’t have any plans for travelling for next 6 months you can skip your child from the ILR application and register directly using form MN1

I am in the same situation as you both are

But I have a kind for guessed the time for this route

ILR by post ( for only parents excluding your Uk born child) = 3 months
MN1 on and average it is taking = 2 months
BC passport = 2 weeks
Indian visa = 3 weeks

So i suggest this route if you do not have any plans to travel for next 6 moths

Cheers
Dba_kkk